The AG initially said Reams was the target of a criminal probe, but late last month said the investigation is complete and no criminal charges will be filed. Reams has asked the court to lift the suspension of his prosecutorial power since no crimes are alleged.

The AG’s office has countered that if the court returns Reams to office, a “stay” should be imposed that would suspend the court order while it’s appealed to the state Supreme Court.

In his Wednesday motion, Ramsdell argues that a stay should be denied because the AG can’t prove, as required, that the public would suffer irreparable harm if Reams is returned to office. He calls the case “a rare occurrence” with little established law regarding the attorney general’s authority to remove a county attorney.

But the AG asserts the suspension is “necessary to protect the integrity of the prosecution function in Rockingham County.” Because it’s rare, the action should “signal to the public that there were serious concerns with the administration of justice in the RCAO,” according to the AG’s most recent motion to the court

Associate Attorney General Jane Young wrote to the court in an April 7 motion that if Reams is allowed to return to the office, “he will again be able to discriminate and retaliate against his employees.”

Ramsdell’s motion states there is an “unsettled question” of whether allegations that occurred during a prior term in office can provide the basis for removal during a current term.

Most, if not all the conduct alleged by the attorney general occurred prior to Reams’ current term so, Ramsdell tells the court, it’s uncertain if the AG’s allegations could “survive a motion to dismiss.”

Ramsdell said allegations against Reams are based on statements from eight employees of the county attorney’s office, but only two of them currently work there. He asserts that one has said she has no problem with Reams’ returning to office and the other current employee does not allege she was “harassed, discriminated against, or denied any request.”

Reams has also been accused of failing to take action with regard to former victim advocate Tara Longo, who lied on her resume and therefore was found to lack credibility as a witness. Young wrote in her Monday motion that Reams’ failure to “abide by those ethical obligations is itself a basis to conclude that public confidence will be shaken if he is given back his prosecutorial law enforcement powers.”

In his counter motion, Ramsdell called that “untrue” and said Longo, her supervisor and Reams’ former deputy Tom Reid were all advised that Reams was to be notified if Longo was expected to be called as a witness.

Reams also defends his management of forfeiture accounts, stating through Ramsdell that the AG’s office has records showing that on more than one occasion, a judge upheld Reams’ interpretation of the law as allowing him to keep and manage forfeiture funds.

Interim County Attorney James Bofetti has since said the funds belong to the county, while the AG’s office said every other county attorney’s office in the state returns the funds to their respective counties.

Ramsdell also blasts the AG for holding a press conference to announce Reams’ suspension, while now refusing to release evidence against him for privacy reasons. During a Monday court hearing on the matter, Associate Attorney General Jane Young said if Judge Richard McNamara grants Reams’ motion for reinstatement, it would have “a chilling effect” on witnesses. Following the hearing, County Commissioner Kevin Coyle said some employees at the county attorney’s office “are very scared that (Reams) might come back.”

Last month, state and county officials filed a superior court motion calling for Reams’ permanent removal from office stating the reason was “official misconduct.” Reams was first elected to office in 1998 and has said he will not seek reelection. His term is set to expire in January.

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